Persons-Legal Separation- Part 2.pptx.pdf

For PFR

1. VI.EFFECTS OF DECREE OF
LEGAL SEPARATION

2. A.)Separate “bed and board” (Art. 63
(1), FC)
The spouses shall be entitled to live separately from each other, but
the marriage bonds shall not be severed;
Implications:
oNo cohabitation requirement;
ono duty to physically live together.
oSome marital obligations (mutual obligations of conjugal life) cease
or modified.

3. B.) Dissolution and Liquidation of Community
Property / Conjugal Partnership (Arts. 63 (2)
& 43 (2), FC)
The absolute community or the conjugal partnership shall be dissolved and
liquidated but the offending spouse shall have no right to any share of the
net profits earned by the absolute community or the conjugal partnership,
which shall be forfeited in accordance with the provisions of Article 43(2)
oWhat types of property regimes are affected (absolute community,
conjugal partnership).
oThe offending spouse’s rights:
✔ the offending spouse loses right to share in net profits earned by the
community/conjugal partnership
oProcess of liquidation:
✔inventory, valuation, partition.

4. C.) Custody of Minor Children (Art. 63
(3) & Art. 213, FC)
The custody of the minor children shall be awarded to the innocent spouse,
subject to the provisions of Article 213 of this Code;
Art. 213 provisions:
oBest interests of the child paramount.
oIf under seven years old, the child shall not be separated from the mother
except for compelling reasons.
oIf over seven years old, the child’s choice is to be considered unless the
court finds the parent unfit.

5. D.) Effects on succession [Art. 63 (4), FC]

The offending spouse is disqualified from inheriting by intestate succession
from the innocent spouse.

Provisions in favor of offending spouse in will are revoked by operation of
law.

6. D.) Revocation of donations/insurance
benefit (Art. 64, FC)

Manner of revoking
oOnly after finality of a decree of legal separation.
oThe innocent spouse may revoke donations made in favor of the offending
spouse.
oMay revoke the designation of the offending spouse as beneficiary in any
insurance policy, even if such designation was stipulated as irrevocable.
Written notification to insured is required.
Prescriptive Period
oThe action to revoke a donation must be brought within five years from the
time the decree becomes final.

7. VII. Name & Surname (Civil
Code, Art. 372; also Art. 370,
etc.)

8. Art. 372, Civil Code (RA 386):
o When legal separation has been granted, the wife shall continue using her
name and surname employed before the legal separation.

Relation to Art. 370, Civil Code:
o A married woman may use:
•Her maiden first name and surname and add the husband’s surname
•Her maiden first name and her husband’s surname
•Her husband’s full name, but prefixing that she is his wife, such as Mrs.
Also proposed amendments (e.g., in Senate bills) to allow more flexibility in
the case of legal separation:
owife may either continue name used before separation or revert to maiden
name

9. VIII. Reconciliation (Family
Code, Arts. 65-66; effects
under Art. 63 etc.)

10. Reconciliation (Family Code, Arts.
65-66; effects under Art. 63 )
Reconciliation
when spouses reconcile after legal separation.
❑Joint manifestation (Art. 65, FC)
a joint manifestation under oath, duly signed, to be filed with the court in the same
proceedings for legal separation.
❑Consequences (Art. 66, FC)
oIf legal separation proceedings are still pending, reconciliation terminates those
proceedings at whatever stage.
oIf there is a final decree, the decree may be set aside. However, the separation
of property and any forfeiture of share of the guilty spouse already effected
shall subsist unless the spouses agree to revive their former property regime.
❑Option to revive property regime (Art. 67, FC)
omust be under oath, specify which properties contributed anew to restored
regime, which retained as separated, etc.; creditors must be listed and notified;
court approval and registration.

11. Donations and Beneficiary in Insurance
Donations and Beneficiary in Insurance Donations and acts of the
innocent party in designating the guilty spouse as a beneficiary in
an insurance are also essentially acts of liberality. The law gives the
option to the innocent party whether or not he/she will revoke the
donation or the designation as beneficiary of the guilty party in an
insurance. As far as insurance is concerned, even when the
designation as beneficiary is deemed “irrevocable”, it shall be
considered revoked upon a written notification.

12. RELATED CASES:
People vs Sensano 58 Phil 73

Lapuz vs Eufemio, 43 SCRA 177

Macadangdang vs Court of Appeals, 108

13. People vs Sensano 58 Phil 73
The Supreme Court reversed the lower court’s decision insofar as it allowed
prosecution; Ventura’s complaint (the second charge) was not legally
permissible. He could not validly pursue adultery charges because he had
effectively consented to the acts he now complained of.

14. Lapuz vs Eufemio, 43 SCRA 177
Issue
oDoes the death of the plaintiff (before final decree) in an action for legal
separation extinguish the action
Ruling
oThe Supreme Court held that an action for legal separation is purely personal,
and that the death of one party before a final decree causes the action to
abate. Even if property rights are involved, those rights are only effects of the
decree of legal separation; without the decree, the rights remain merely
expectant and do not come into existence. Thus, these property rights cannot
survive the death of the plaintiff before a final decree.

15. Macadangdang vs Court of Appeals,
108 SCRA 314
Issue
What happens upon death of a spouse after legal separation decree has
been granted /becomes final?
Ruling
The Supreme Court held that the trial court’s decision granting legal separation
became final and executory because the petitioner (Antonio) did not appeal
within the reglementary period.
The dissolution and liquidation are necessary consequences of the final
decree. This legal effect of the decree of legal separation ipso facto or
automatically follows, as an inevitable incident of, the judgment decreeing
legal separation-for the purpose of determining the share of each spouse in
the conjugal assets

16. THANK YOU !